Wednesday, September 28, 2005

New Duct Sealing Requirements

There are new requirements for duct sealing on certain heating and air conditioioning ducts. Details are athttp://www.energy.ca.gov/title24/changeout/This will be required on some new and also replacement units. A third party inspecter may be required to certify the ducts are sealed to allow no more than a specific amount of leakage. This will impact a homeseller's disclosures if they did not have the testing done when it was required, and a Home Warranty company may not pay for these tests if they have to replace a heater.

It is something to check out be you a Seller or Buyer.The testing will not be required by the law just because a home sells. A Buyer may require the test as part of his purchase contract, that is a negotiable item. Testing and repairs can be expensive. The Commissioner of the California Energy Commission says:"The average home’s ducts leak around 30 percent of the conditioned air outsidethe home. These leaks are taking money straight out of your pocketbook."

In the long run this can save money, but it could be costly in the short run. Consult your HVAC (Heating, Ventilation, Air Conditioning) contractor for details.See http://www.cslb.ca.gov/ for info on contracting

Saturday, September 24, 2005

DISCLOSURES IN REAL ESTATE -FSBO too

For Sale by Owner transactions in California require a number of disclosures even if people do not have an agent. The forms are readily available. In fact, the California department of Real Estate publishes a wonderful document on their website to assist the public in complying with the law.
http://www.dre.ca.gov/disclosures.htm
"The California Department of Real Estate has published this booklet in response to an apparent need for information concerning disclosures required in real property transactions. This booklet is limited to disclosures required by statute and does not include disclosures required by agreement between the principals (buyer and seller; borrower and lender; lessee and lessor, etc.)."
It is important to have the latest versions because the law changes the wording required periodically. I recently saw a package purchase at a reputable office supply store which was not up-to-date!!
Be protected if you are a buyer as well as if you are a seller, by having the latest forms by visiting the State website listed above. California wishes to protect the consumer with accurate information regarding these disclosures. We are a great Do-it-Yourself state! Do it legally so problems do not occur.
California also publishes the statutes (specific laws) online at http://www.leginfo.ca.gov/calaw.html
For instance Civil Code Section 1102 referenced in the document above, discusses much about disclosures.

60 day Notice to Terminate requirement will be gone

The 60-day termination notice requirement for month-to-month tenancies longer than one year will be repealed at the end of this year. On January 1, 2006, residential landlords and property managers may give a 30-day Termination Notice to their month-to-month tenants (unless there is rent control, subsidized housing rules, or a contract between the landlord and tenant which applies).
The 60-day rule was originally put in place in 2002 as a trial project for helping tenants who they thought needed more time than the allotted 30 days to make new housing arrangements in a tight rental market. Opposition arose to the 60-day rule because, among other things, that length of time is too long for evicting problem tenants. Many landlords and property managers prefer using a general 30-day notice to terminate, rather than the alternative 3-day notice to perform covenant or quit which may require litigation of issues such as noise, nuisances, or illegal activities by the tenant. Waiting 60 days rather than 30 days under those circumstances places an undue burden on landlords, property managers, and other tenants in the building.